1. Federalism: Powers Divided
Chapter 4 Section 1

2. Why did the Framers Choose Federalism?
A government with divided powers would prevent the abuse of power
Did not like the British system, thought it was too strong

3. What is Federalism?
A system of government with a division of power between the national government and several smaller governments (such as the states)
Each level has its own powers, ruling bodies, officials and laws
Each level can do things the other level cannot
Beneficial because it allows for local action for local matters and national action for national matters
Allows states to experiment with policies that might later be adopted by the national government

4. What are the powers of the federal government?
National government has delegated powers – powers that are created by the Constitution
Three types: expressed, implied, and inherent
Expressed powers – powers that are described plainly in the Constitution
Most are found in Article I – 27 powers of Congress
Article II – lists powers of President
Article III – lists powers of Supreme Court

5. Powers of federal government (continued)
Implied Powers – Not directly stated in the Constitution but rather, they are suggested – or implied by the expressed powers
The basis for implied powers are found in Article I Section 8 – Necessary and Proper Clause (a.k.a “Elastic Clause)
States Congress has the power “to make all laws which shall be necessary and proper…”
Example – Congress’s power to regulate interstate commerce

6. Powers of federal government (continued)
Inherent Powers – powers that exist because the United States is a sovereign state
Constitution does not put them into words but they exist by tradition
Examples – regulate immigration, acquire territory, protect against rebellion and terrorism

7. What powers are denied to the federal government?
Most powers that are denied to the federal government are listed in Article I, Section 9 of the Constitution
Also Amendments 1-8 in Bill of Rights
Many others are not given to the federal government because they are not listed in the Constitution

8. What is the role of the states in a federal system?
Important role
Individual states balance the power of the federal government
States have reserved powers – powers that are not given to the federal government but are not denied to the states
Examples – states can require certain professions to be licensed, can set up and regulate public schools, police power

9. What is the role of the states in a federal system? (cont’d)
Some powers are specifically denied to the states (expressly) -
No state can enter into a treaty with another country, no state can print money, no state can deny a person due process of law
Other powers are denied inherently – no state can tax the federal government

10. What are exclusive and concurrent powers?
National government has some exclusive powers – powers given only to the national government, states may not use these powers
Controlling interstate commerce, making treaties, taxing imports
Concurrent powers – powers that the federal government and the states share
See figures 4.3 and 4.4 in text

11. What is the supreme law of the land?
Because the Framers knew that conflict would arise between the national government and the states, they wrote the Supremacy Clause into the Constitution
This law states that the Constitution will stand above all other laws that may be made
1819 – Supreme Court case example – McCulloch v. Maryland
State of Maryland tried to tax the national bank
Supreme Court ruled Maryland could not